Sports Law Roundup – 11/3/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Soccer relocation: Citing a duty to taxpayers, a judge in San Antonio is calling for a criminal investigation of the Columbus Crew’s announced proposal to move the team to Austin. Bexar County Judge Nelson Wolff had been involved in San Antonio’s attempt to secure an MLS franchise, which includes a joint purchase by the city and county governments of an $18 million soccer stadium. According to Wolff, Mark Abbott, the head of MLS, was supportive of San Antonio’s campaign for an expansion franchise in 2015 and said that MLS would not place teams in both San Antonio and Austin. Wolff has asked the Bexar County district attorney to investigate the situation.
  • NFL hiring collusion: Last month, free-agent quarterback Colin Kaepernick filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. According to a report this afternoon, team owners Jerry Jones (Cowboys), Robert Kraft (Patriots), and Bob McNair (Texans) will be called to answer questions under oath about Kaepernick’s claims and disclose their cellular telephone records. According to the report, “others owners, teams and league officials also will be deposed, but those individuals have been confirmed for now.”
  • NASCAR pit crew: In June, a judge allowed a wrongful termination case by Brandon Hopkins, a former NASCAR pit crew member to proceed against his former employer, Michael Waltrip Racing. Hopkins injured his shoulder when a race car hit him during a race. Treatment from MWR’s training staff was ineffective, and surgery was necessary. Surgery was delayed for reasons the parties dispute, however. Days before the scheduled surgery, Hopkins met with a supervisor, who assured Hopkins his job was safe. When Hopkins left the office to go home, he brought a particular tool– the design of which MWR considered confidential– with him, which, he said, was an accident. MWR did not believe Hopkins’ story and fired him the next day. Office security camera footage also showed Hopkins removing what may have been confidential documents from the office two days prior. The judge determined that there were sufficient facts that a jury could determine that Hopkins’ firing was connected to his injury, an impermissible basis for termination, or his misappropriation of confidential company information, which would be a permissible basis. The parties now have settled the case on undisclosed terms.
  • Daily fantasy sports: On Monday, Pennsylvania legalized daily fantasy sports, and Connecticut took similar steps on Tuesday. Pennsylvania will impose a fifteen-percent tax on operator revenue and other licensing requirements and makes it easier for that state to legalize traditional sports betting. The Connecticut policy, which includes a 10.5-percent tax on operators’ gross revenue, requires amendments to the state’s agreements with the two Indian tribes that operate the Foxwoods and Mohegan Sun Casinos and will become effective only after those tribes approve the amendments.

Sports court is in recess.

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Sports Law Roundup – 6/2/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

After a week off, this feature returns with the top sports-related legal stories from the past week:

  • Penn State child abuse: All three of the former Penn State University administrators charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program will spend time in jail. In March, former PSU vice president Gary Schultz and former athletic director Tim Curley pleaded guilty to one count each of endangering the welfare of children, leaving former school president Graham Spanier as the sole defendant in the case facing a trial on charges of child endangerment and conspiracy. A jury subsequently convicted Spanier of a single misdemeanor count of child endangerment. Curley and Schultz each received sentences of a maximum of twenty-three months in jail. Curley will serve three of those months in jail and Schultz will serve two months, with each completing the remainder of his sentence in house arrest. Spanier was sentenced to a maximum of twelve months in jail and will serve two, with the remainder in house arrest, and still indicates he intends to appeal.
  • Cheerleader wages: The judge overseeing the proposed antitrust class action lawsuit brought by a former San Francisco 49ers cheerleader known in the context of the case as Kelsey K. in connection with alleged wage-suppression tactics has dismissed the case, although he is allowing the plaintiff’s attorneys until June 15 to attempt to amend the complaint. In February, the judge denied the lead plaintiff’s request to proceed with the case under the “Jane Doe” pseudonym, though he did permit her to use only her first name and last initial.
  • NASCAR pit crew: A judge denied the majority of two competing summary judgment motions and will allow a wrongful termination case by a former NASCAR pit crew member to proceed against his former employer, Michael Waltrip Racing (“MWR”). The plaintiff, Brandon Hopkins, injured his shoulder when a racecar hit him during a race. Treatment from MWR’s training staff was ineffective, and surgery was necessary. Surgery was delayed for reasons the parties dispute, however. Days before the scheduled surgery, Hopkins met with a supervisor, who assured Hopkins his job was safe. When Hopkins left the office to go home, he brought a particular tool– the design of which MWR considered confidential– with him, which, he said, was an accident. MWR did not believe Hopkins’ story and fired him the next day. Office security camera footage also showed Hopkins removing what may have been confidential documents from the office two days prior. The judge determined that there were sufficient facts that a jury could determine that Hopkins’ firing was connected to his injury, an impermissible basis for termination, or his misappropriation of confidential company information, which would be a permissible basis.
  • NBA fan assault: In February, Charles Oakley, a former member of the New York Knicks, was arrested and charged with assault after an argument with Knicks owner James Dolan during a game at Madison Square Garden. Now, Oakley has declined a prosecutor’s offer to drop the charges and requested that the matter be resolved in a trial, which Dolan likely views as a vehicle for unwanted public attention on himself.

Sports court is in recess.